Washington DUI Law

When faced with a Washington DUI arrest and/or conviction, there are a number of issues to consider: Will you have to serve jail time? If so, for how long? Or is probation a possibility? What will you owe in fines? Will your license be suspended, and for how long? Will you have to go to a DUI school or do community service? Here are the basic laws regarding Washington DUI fines and sentencing.

Washington Criminal Status: Gross misdemeanor for per se and high, misdemeanor for anyone under 21 years of age.

Jail: BAC Per Se: 1st offense: No less than one day nor more than one year imprisonment. Imprisonment may not be suspended or deferred unless the court finds that imprisonment would impose a substantial risk to the offender’s physical or mental well-being. Instead of imprisonment, the court may order a 15-day electronic home monitoring (EHM) device be installed at the offender’s expense. EHM may also include an alcohol detection breathalyzer.

High BAC: Imprisonment of not less than 2 days nor more than one year. Imprisonment may not be suspended or deferred unless the court finds that imprisonment would impose a substantial risk to the offender’s physical or mental well-being. Instead of imprisonment, the court may order a 15-day electronic home monitoring (EHM) device be installed at the offender’s expense. EHM may also include an alcohol detection breathalyzer.

Washington DUI Fines/Costs:BAC Per se: Not less than $350 nor more than $5,000.High BAC or test refusal: Not less than $500 nor more than $5,000.In addition:

A $125 fee is assessed to a person who is either convicted, sentenced to a lesser charge, or given deferred prosecution, as a result of an arrest. The fee goes to the WA State Toxicology Laboratory.

A $500 fee is assessed to support the victim’s compensation fund and an assessment of 60% of the fine imposed to fund safety and education programs.

Washington Conditional License: Conditional licensing is allowed for 1st time offenders after a mandatory suspension period has been served.

Vehicle Impound: none

Washington DUI School: Yes, generally, an 8-hour program. Check with the Washington State Department of Social and Health Services, Division of Alcohol and Substance Abuse, for a list of approved DUI schools.

Washington Probation: At court’s discretion.

Washington Community Service: At court’s discretion.

Second Washington DUI Offense Plus:

Washington Criminal Status: Gross misdemeanor for per se and high, misdemeanor for anyone under 21 years of age.

Jail: 30 days jail time, one year maximum, and 60 days of electronic home monitoring.

Washington DUI Fines/Costs:Second offense when BAC is less than .15: at least $500, not to exceed $5,000.Second offense when BAC is at least .15: at least $750, not to exceed $5,000.In addition:

A $125 fee is assessed to a person who is either convicted, sentenced to a lesser charge, or given deferred prosecution, as a result of an arrest. The fee goes to the WA State Toxicology Laboratory.

A $500 fee is assessed to support the victim’s compensation fund and an assessment of 60% of the fine imposed to fund safety and education programs.

Washington License Suspension: BAC Per se: 2 years High BAC or refusal of test: 90 days

Violation of Zero Tolerance Law:One year or until age 21, whichever is greater.

Washington Conditional License: Statute is silent for 2nd time offenders.

Vehicle Impound: None

Washington DUI School: Yes, generally, an 8-hour program. Check with the Washington State Department of Social and Health Services, Division of Alcohol and Substance Abuse, for a list of approved DUI schools.

Washington Probation: At court’s discretion.

Washington Community Service: At court’s discretion.

Other:

Commercial Vehicle: 0.04 BAC, one year license disqualification and payment of fines. Under Age: 21Washington Open Container Laws: Yes. Driver and passenger. How long does a DUI stay on your record? A DUI in Washington stays on your driving record forever. Driver Responsibility Tax: N/A.Ignition interlock device program: IID required for a time period calculated from the date the person is eligible to reinstate from the suspension, revocation or denial imposed as a result of the conviction. 60 day IID requirement for DUI conviction of anyone under 16 years of age.